The Court of Appeal in Abuja has stayed the execution of the Rivers State High Court judgment affirming the appointment of Igo Aguma as chairman of the All Progressive Congress (APC) caretaker committee in the state.
A three-man panel of the court, led by Justice Stephen Adah, also stayed further proceedings in the appeal by Abott Ogbobula against the High Court judgment.
On July 8 this year, the Appeal Court overruled the objection by Emeka Etiaba, SAN, (lawyer to Aguma) to the competence of the record of appeal compiled by appellant’s lawyer, Tuduru Ede (SAN), a decision Etiaba appealed at the Supreme Court.
At the mention of the case yesterday, Ede faulted the court documents served on him by the respondent informing him about the appeal filed at the Supreme Court.
Ede argued that the rules of the Court of Appeal do not allow the filling of verifying affidavit of facts. He urged the court to strike out the affidavits filed by the respondents for being incompetent,
Etiaba argued that “by that affidavit filed on July 15, 2020, we have brought to the notice of the court that we have an appeal for a stay of proceedings at the apex court.”
Justice Adah held that the court could not continue with the hearing of the appeal because the first respondent had shown the court that the appeal at the Supreme Court had been entered.
“An affidavit is evidence of proof. The affidavit is showing that an appeal is before the Supreme Court.
“The notice of appeal and other processes have been brought to our notice in respect of the ruling of the court.
“This court cannot continue to go on with this matter since we don’t know the decision of the Supreme Court on the appeal, “, Justice Adah said.
He then proceeded to make an order adjourning the hearing of the appeal by Ogbobla indefinitely pending the hearing and determination of the appeal at the Supreme Court.
Justice Adah equally ordered the stay of the execution of the judgment of the High Court of Rivers State.
But, Etiaba said the order staying the execution of judgment will be challenged at the Supreme Court on the grounds that the High Court issued declarative reliefs that could not be stayed.
Nevertheless, Aguma maintained that the Court of Appeal never issued decisions or orders to stay the declaratory reliefs granted him by the lower court as the party’s acting president.
Aguma, in a statement by his Media Adviser, Livingstone Wechie, urged members of the public to ignore the claims by anti-Aguma forces in the party that the appeal court, which sat on the matter on Thursday, ordered for a stay of execution.
Wechie said: “The Court of Appeal declined jurisdiction and disqualified itself entirely from the Appeal in Isaac Ogbobula v. Igo Aguma and others.